South Sudan Independence — Comprehensive Peace Agreement 2005, Referendum 2011

Summary

South Sudan achieved independence on 9 July 2011 following a referendum in which 98.83% voted for independence, pursuant to the Comprehensive Peace Agreement (CPA) 2005 which itself included a self-determination referendum as a peace settlement mechanism. Recognition was swift and universal. The precedent demonstrates that negotiated self-determination referenda are a viable international peace mechanism.

Relevance to the diaspora

Tamil diaspora advocates point to South Sudan as demonstrating that international law and practice accommodates self-determination referenda as conflict resolution mechanisms where a peace process includes such provision; the absence of any similar peace process offer to Sri Lankan Tamils is highlighted as a political failure rather than a legal one.

Key provisions

• CPA Ch.1 s.1.3 — the right to self-determination of the people of Southern Sudan
• CPA — agreed referendum mechanism
• UNSC Res. 1996 (2011) — welcomed South Sudan's independence
• AU recognition — immediate on 9 July 2011

Primary source

Related entries

• → ICCPR Article 1 — Right of Self-Determination (UN)
• → East Timor Self-Determination — UNGA Resolutions, UNSC, Referendum 1999 (UN)
• → Remedial Secession Doctrine (Academic/Customary International Law) (UN)